Mears drivers join proposed $50M class-action lawsuit

Luxury chauffeurs for Mears Transportation have joined a lawsuit seeking at least $50 million in lost overtime wages and other expenses, saying Mears wrongly classifies the chauffeurs as independent contractors when they should be employees.

The lawsuit identifies 40 plaintiffs as former or current Mears chauffeurs – those who drive luxury vehicles such as Lincoln Town Cars to transport local executives and VIPs.

The suit says Mears gives the luxury chauffeurs employee handbooks and business cards bearing the Mears logo and address; requires them to wear employee uniforms with name tags bearing the Mears logo; and drive fully insured and fueled company cars.

“There is no credible basis for classifying the luxury chauffeurs as independent contractors, given the amount of control exerted over them on a daily basis,” said plaintiffs’ attorney Thomas Bundy of Lawrence & Bundy, which is based in Maryland. “Mears cannot credibly distinguish its contractor chauffeurs from its employee chauffeurs who perform virtually the same job for the same company in the same locations.”

Among the relief requested in the lawsuit is to pay luxury chauffeurs the same as Mears van and motor-coach drivers, which attorneys think is higher pay.

Roger Chapin, spokesman for Mears, said Monday the company hasn’t been served with the lawsuit and declines to comment on it.

Mears, founded in 1939, has dominated the taxi industry in Orlando since Walt Disney World opened. It is the largest and one of the oldest taxi companies in the area.

The suit comes as Mears is facing pressure from transportation-networking companies entering the market, such as Uber and Lyft, which use independent contractors.

Uber and Lyft have also faced complaints about paying drivers as contractors, but that is the entire business model for them. In February, a Florida appellate court ruled that Uber driver Darrin McGillis was properly classified as an independent contractor.

Other than their technical classification, the chauffeurs go through much the same hiring and employment situations at the company, such as applying for work by submitting an employment application, going through an employee background check, participating in employee interviews and attending mandatory employee training, according to the lawsuit.

According to Bundy, most of the luxury chauffeurs say they struggle to earn a living despite working 70 to 100 hours a week. The drivers allege in the lawsuit that they must pay Mears significant sums to operate Mears vehicles and drive Mears clients during shifts set by Mears. Bundy said Mears does not allow the chauffeurs to have a copy of their contract or allow them to remove it from the building.

Sara Blackwell, a Sarasota attorney who handles class-action employment cases, said many employers classify workers as independent contractors because it’s easier. She said she wasn’t familiar with the Mears case.

“When employers are classifying someone as an independent contractor, they need to be very careful, and I recommend they get independent counsel’s opinion on it,” Blackwell said.

She said the court will likely look at similarities between the luxury chauffeurs and other Mears employees.

Ride-hailing companies such as Uber and Lyft are now aiming for pickup privileges for millions of travelers flying into Orlando International Airport, creating more competition for companies such as Mears. Up until now, Uber and Lyft have been limited to dropping off at the airport.

In 2014, Mears was forced to acknowledge that it was delaying work on a new $20 million headquarters because of the uncertainty surrounding transportation networking.

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